IDEADATA’s Limited Warranties
Limited Warranty. IDEADATA warrants that any Hardware or Software supplied by IDEADATA (“Product”) will conform in all material respects to IDEADATA’s then-current published specifications pertaining to the Product for a period of ninety (90) days from the date of delivery to Customer (“Warranty Period”). IDEADATA does not warrant that the Product will operate error free, that the functions contained in the Product will operate in the combinations selected by Customer or that the product will meet Customer’s requirements. IDEADATA’s sole obligation Customer’s sole remedy under the foregoing warranties shall be for IDEADATA to use commercially reasonable efforts to repair, remedy, or replace the affected Products. The above warranties are conditioned upon Customer notifying IDEADATA in writing, within warranty period, of any alleged defect of the Products.
Nullification of Warranty. The above warranties shall be void to the extent that defects or failures of the Products are caused by: (i) any modification to the Product not by IDEADATA; (ii) use of the Product in a manner, or with software or equipment, not described in the documentation; (iii) use of the Product in a way not permitted as instructed or under an agreement; (iv) use of a version of a Product more than one version behind the current release; or (v) the negligence or intentional misconduct of any user or the Product
Warranty Disclaimer. IDEADATA DOES NOT MAKE AND HEREBY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CUSTOMER WARRANTS THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN ENTERING INTO THIS AGREEMENT OTHER THAN THOSE MADE BY IDEADATA EXPRESSLY CONTAINED IN THIS AGREEMENT.
IDEADATA’s Services Warranties
IDEADATA represents and warrants to Customer as at the date of each order and at all times after the date of the order, that properly trained personnel shall provide first, second and third level support in a professional workmanlike manner consistent with industry standards; and professional services are warranted for 30 days after provision.
Remedy for Breach of Warranty
If, during the Warranty Period, a Product suffers from or displays a substantial fault, failure, error or non-conformance of the product with the product specification (“Defect”), Customer must promptly notify IDEADATA of the Defect and give IDEADATA such details as it may reasonably require to enable IDEADATA to correct the Defect remotely online.
Subject to Customer complying with the clause above, IDEADATA must at its own cost use all reasonable efforts to correct or work around a Defect by modifying or replacing the relevant Product or providing an update as soon as practicable.
If IDEADATA is unable to correct or work around a Defect within a period agreed in writing, IDEADATA must upon Customer request, refund the price paid in respect of the relevant Product together with any customisation or other integration work.